RoHS-Like Federal Legislation

Contact Dr. Ron Lasky

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Rep. Hilda Solis (D-CA), slated to take over the top spot in the House Energy & Commerce Subcommittee on Environment and Hazardous Materials, has already promoted federal legislation that mirrors parts of California's Electronic Waste Recycling Act (California Restriction on Hazardous Substances-RoHS), which as of January 1, 2007, will ban the sale of some electronic devices that contain certain hazardous substances.

Currently Minnesota, Maine, Maryland, New Jersey, Tennessee, Vermont, Washington, and Wisconsin have similar RoHS-like legislation enacted. The number of states considering similar legislation will expand in the next few years creating enormous costs for companies that will have to comply with these requirements.

Democrats are likely to consider a federal RoHS bill to address the core concerns causing this proliferation of state bills the prohibition of materials thought to be harmful to people and the environment. A number of dangers exist, such as whether any proposed federal legislation would:

Have a strong basis in science or merely copy what was done in California and the EU;

Mirror or exceed the current California and EU RoHS restrictions;

Preempt existing state RoHS laws or allow the states to legislate on top of any proposed federal requirements; or